Home/S.D. Florida/ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified On Schedule " A "

ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified On Schedule " A "

District Court, S.D. Florida·Decided January 29, 2024·No. 0:23-cv-61085·Unknown

Opinion

United States District Court for the Southern District of Florida

ADIDAS AG, and others, Plaintiffs, ) ) ) v. ) Civil Action No. 23-61085-Civ-Scola ) The Individuals, Business Entities, ) And Unincorporated Associations ) Identified on Schedule A, Defendants. )

Order Adopting Report and Recommendations and Final Default Judgment and Permanent Injunction Against Defendants

The Court referred Plaintiffs adidas AG, adidas International Marketing B.V., and adidas America, Inc.’s motion for final default judgment (ECF No. 45) to United States Magistrate Judge Jonathan Goodman for a report and recommendations. Judge Goodman issued his report, recommending that the Court grant the Plaintiffs’ motion. (Rep. & Rec., ECF No. 47.) None of the parties has objected and the time to do so has passed. Despite the lack of objections, the Court has nonetheless made a de novo review of the report, finds it cogent and compelling, and adopts it in its entirety (ECF No. 47). The Court thus grants the Plaintiffs’ motion for final default judgment (ECF No. 45), awarding damages and entering injunctive relief as set forth below. Judgment is hereby entered in favor of the Plaintiffs adidas AG, adidas International Marketing B.V., and adidas America, Inc., and against the Defendants, the individuals, business entities, or unincorporated associations identified on Schedule “A” attached hereto (collectively “Defendants”), on all counts of the Amended Complaint as follows: 1. Jurisdiction This Judgment is subject to the jurisdictional constraints of the Lanham Act. See Steele v. Bulova Watch Co., 344 U.S. 280 (1952); Int’l Café, S.A.L. v. Hard Rock Café Int’l (U.S.A.), Inc., 252 F.3d 1274, 1278–79 (11th Cir. 2001). 2. Permanent Injunctive Relief: The Court adopts Judge Goodman’s recommendation that the Court permanently restrain and enjoin the Defendants and their officers, directors, employees, agents, subsidiaries, distributors, and all persons acting in concert or participation with them from: a. manufacturing or causing to be manufactured, importing, advertising, or promoting, distributing, selling or offering to sell counterfeit and infringing goods bearing and/or using the Plaintiffs’ trademarks identified in Paragraph 18 of the Amended Complaint (the “adidas Marks”); b. using the adidas Marks in connection with the sale of any unauthorized goods; c. using any logo, and/or layout which may be calculated to falsely advertise the services or products of the Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with the Plaintiffs; d. falsely representing themselves as being connected with the Plaintiffs, through sponsorship or association; e. engaging in any act which is likely to falsely cause members of the trade and/or of the purchasing public to believe any goods or services of the Defendants are in any way endorsed by, approved by, and/or associated with the Plaintiffs; f. using any reproduction, counterfeit, copy, or colorable imitation of the adidas Marks in connection with the publicity, promotion, sale, or advertising of any goods sold by the Defendants; g. affixing, applying, annexing or using in connection with the sale of any goods, a false description or representation, including words or other symbols tending to falsely describe or represent goods offered for sale or sold by the Defendants as being those of the Plaintiffs or in any way endorsed by the Plaintiffs and from offering such goods in commerce; h. otherwise unfairly competing with the Plaintiffs; i. using the adidas Marks, or any confusingly similar trademarks, on e- commerce marketplace websites, within domain name extensions, metatags or other markers within website source code, from use on any webpage (including as the title of any web page), from any advertising links to other websites, from search engines’ databases or cache memory, and from any other form of use of such terms which are visible to a computer user or serves to direct computer searches to Internet based e-commerce stores, seller identities, private messaging accounts, and/or Internet businesses registered by, owned, or operated by the Defendants; and j. effecting assignments or transfers, forming new entities or associations or utilizing any other device for the purpose of circumventing or otherwise avoiding the prohibitions set forth above. 3. Additional Equitable Relief: The Court also adopts Judge Goodman’s recommendation that the Court award the Plaintiffs the following equitable relief:

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ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified On Schedule " A ", (S.D. Fla. 2024).

ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified On Schedule " A " (ADIDAS AG v. The Individuals, Business Entities, and Unincorporated Associations Identified On Schedule " A ") — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

International Café, S.A.L. v. Hard Rock Café International (U.S.A.), Inc.
252 F.3d 1274 (Eleventh Circuit, 2001)
Steele v. Bulova Watch Co.
344 U.S. 280 (Supreme Court, 1952)